Court of Appeals of Texas, Fifth District, Dallas
IN THE INTEREST OF A.A.E. AND J.O.E., CHILDREN
Appeal from the 469th Judicial District Court Collin County,
Texas Trial Court Cause No. 469-53528-2014
Justices Bridges, Partida-Kipness, and Carlyle
L. BRIDGES JUSTICE
appeals the trial court's final divorce decree in which
the court designated Father as primary managing conservator.
In three issues, she argues she received ineffective
assistance of counsel, and the evidence is legally
insufficient to support his designation as primary managing
conservator and to require her to have supervised visits with
the children. We affirm the trial court's judgment.
following facts are based on the few pleadings in the record
and one trial court hearing in which only Mother and Father
met Mother while working in Nigeria. The two married in 1996
and moved back to the United States. They had three sons:
JKE, JOE, and AAE.
early 2014, Mother spent approximately six months in Nigeria
for family matters and returned in July. In December 2014,
the "incident," which Mother claims started
"this," occurred. According to Mother, when she
returned to the States, she discovered JOE and AAE had been
suspended from school. Father was drinking heavily during
this time and acting aggressively towards her and the boys.
She called the children's doctor, who recommended
psychological testing for the children and family counseling.
She claimed that on the way to an appointment, Father told
AAE to beat her, which he did. She testified that when they
later returned home, Father and AAE continued to beat her.
She eventually called 9-1-1 and was taken to the hospital.
denied Mother's version of events and testified,
"The police determined that she was - - needed to be
arrested that night." Officers did in fact arrest Mother
for domestic violence after the hospital discharged her.
17, 2014, "after a post arrest hearing as provided by
law, and after considering the evidence," a magistrate
entered an order for emergency protection to protect Father
from Mother. On July 22, 2014, Father filed his original
petition for divorce. He argued appointment of the parents as
joint managing conservators would not be in the best interest
of the children because Mother had a history of committing
family violence. Attached to the petition, Father included
the July 17, 2014 order for emergency protection issued
against Mother for committing family violence.
filed her original answer on October 16, 2014. She requested
joint managing conservatorship and the exclusive right to
designate the children's primary residence and receive
January 30, 2015, the trial court signed temporary orders
appointing Father as temporary sole managing conservator and
Mother as temporary possessory conservator of the children.
On August 19, 2016, the trial court signed a second temporary
order in which Father remained temporary sole managing
conservator and Mother continued as temporary possessory
conservator. The order required supervised visitation because
of "credible evidence that [Mother] has a history or
pattern of child neglect directed against the children."
It further ordered Mother to undergo a psychiatric evaluation
within thirty days of the order and file the evaluation with
the trial court on or before October 1, 2016. Mother never
completed her court-ordered psychiatric evaluation.
trial court held a final hearing on May 2, 2017. The trial
court signed a final divorce decree on January 29, 2018,
appointing Father as sole managing conservator and Mother as
possessory conservator with supervised visitation. The final
decree incorporated the terms of the second temporary order
in which the court ordered Mother to undergo psychological
evaluation. Mother, appearing pro se, filed this appeal.